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1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799
STRATMAN & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN
LIVING TRUST
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES:
13 DEPT: Not Assigned
Plaintiffs,
14 [PROPOSED] ORDER APPROVING GOOD
vs. FAITH SETTLEMENT (C.C.P. Section
15 877.6(a)(2))
THETA CHI FRATERNITY, INC., a New York
16 corporation, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternity, Inc. and Theta Iota Chapter of the
Theta Chi Fraternity; BRAD VISACKI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa Cruz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members of
Theta Chi Fraternity, Inc. and Theta Iota Chapter of
26 Theta Chi Fraternity,
27 Defendants.
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1
1
2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin
3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the
4 above-referenced action was filed and served in conformance with California Code of Civil Procedure §
5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code
6 section, and good cause appearing therefore,
7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for
8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee
9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne
10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a
11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of
12 California Code of Civil Procedure §§ 877 and 877.6.
13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the
14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from
15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or
16 partial or comparative indemnity, based upon comparative negligence or comparative fault.
17
18 DATED: ________________, 2022
JUDGE OF THE SUPERIOR COURT
19
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28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May
_____, 2022, I served the following document(s):
6
7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT
(C.C.P. Section 877.6(a)(2))
8 by placing the document(s) listed above in a sealed envelope, with prepaid postage
√ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as
9
set forth below, and placing the envelope for collection and mailing in the place
10 designated for such in our offices, following ordinary business practices.
11 I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt
Requested) in the ordinary course of business. I am aware that on motion of the party served, service is
13
presumed invalid if postal cancellation date or postage meter date is more than one day after date of
14 deposit for mailing in affidavit.
15 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
16
17
Executed on May ______, 2022, at San Jose, California.
18
19 TIMOTHY C. FEENEY
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
SERVICE LIST
3
Douglas E. Fierberg, Esq.
4
Fierberg National Law Group
161 East Front Street, Ste. 200
5
Traverse City, MI 49684
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
6
Phone: (202) 351-0510
Fax: (231) 252-8100
7
dfierberg@tfnlgroup.com
8
Ivo Labar, Esq.
Sawyer & Labar LLP
9
1700 Montgomery Street, Suite 108
San Francisco, CA 941111
10
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
Phone: (415) 262-3820
11
Fax:
labar@sawyerlabar.com
12
Michael C. Osborne, Esq.
13
Cokinos Young
One Embarcadero Center, Suite 390
14
San Francisco, CA 94111
Attorney for Defendant, Theta Chi Fraternity, Inc.
15
Phone: (315) 228-0208
Fax: (415) 653-1481
16
Mary Childs, Esq.
17
Yoka & Smith, LLP
445 South Figueroa Street, 38th Floor
18
Los Angeles, CA 90071
Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch
19
Phone: (213) 427-2300
Fax: (213) 427-2330
20
mchilds@yokasmith.com
21
Derek H. Lim, Esq.
Demler, Armstrong & Rowland LLP
22
1350 Treat Boulevard, Suite 400
Walnut Creek, CA 94597
23
Attorney for Defendants, Chris Guevara; Bradley Visacki
Phone: (415) 949-1900
24
Fax:
lim@darlaw.com
25
Matthew C. Jaime, Esq.
26
Metheny Sears Linkert & Jaime LLP
3638 American River Drive
27
Sacramento, CA 95864
Attorney for Defendant, Chris Guevara
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4
1 Phone: (916) 978-3434
Fax: (916) 978-3430
2 mjaime@mathenysears.com
3 Daniel R. Friedenthal, Esq.
Friedenthal, Heffernan & Brown, LLP
4 1520 W. Colorado Blvd., Second Floor
Pasadena, CA 91105
5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity
Phone: (626) 628-2800
6 Fax: (626) 628-2828
ccontreras@fhblawyers.com
7
Patrick Ball
8 Messner Reeves LLP - Los Angeles
610 Town Center Drive, Ste. 420
9 Costa Mesa, CA 92626
Attorney for Defendant, Moises Tenorio Garcia
10 Phone: (949) 612-9168
Fax: (949) 438-2304
11 pball@messner.com
12
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[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5
1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799
STRATMAN & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN
LIVING TRUST
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES:
13 DEPT: Not Assigned
Plaintiffs,
14 [PROPOSED] ORDER APPROVING GOOD
vs. FAITH SETTLEMENT (C.C.P. Section
15 877.6(a)(2))
THETA CHI FRATERNITY, INC., a New York
16 corporation, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternity, Inc. and Theta Iota Chapter of the
Theta Chi Fraternity; BRAD VISACKI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa Cruz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members of
Theta Chi Fraternity, Inc. and Theta Iota Chapter of
26 Theta Chi Fraternity,
27 Defendants.
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1
1
2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin
3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the
4 above-referenced action was filed and served in conformance with California Code of Civil Procedure §
5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code
6 section, and good cause appearing therefore,
7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for
8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee
9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne
10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a
11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of
12 California Code of Civil Procedure §§ 877 and 877.6.
13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the
14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from
15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or
16 partial or comparative indemnity, based upon comparative negligence or comparative fault.
17
18 DATED: ________________, 2022
JUDGE OF THE SUPERIOR COURT
19
20
21
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23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May
_____, 2022, I served the following document(s):
6
7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT
(C.C.P. Section 877.6(a)(2))
8 by placing the document(s) listed above in a sealed envelope, with prepaid postage
√ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as
9
set forth below, and placing the envelope for collection and mailing in the place
10 designated for such in our offices, following ordinary business practices.
11 I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt
Requested) in the ordinary course of business. I am aware that on motion of the party served, service is
13
presumed invalid if postal cancellation date or postage meter date is more than one day after date of
14 deposit for mailing in affidavit.
15 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
16
17
Executed on May ______, 2022, at San Jose, California.
18
19 TIMOTHY C. FEENEY
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
SERVICE LIST
3
Douglas E. Fierberg, Esq.
4
Fierberg National Law Group
161 East Front Street, Ste. 200
5
Traverse City, MI 49684
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
6
Phone: (202) 351-0510
Fax: (231) 252-8100
7
dfierberg@tfnlgroup.com
8
Ivo Labar, Esq.
Sawyer & Labar LLP
9
1700 Montgomery Street, Suite 108
San Francisco, CA 941111
10
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
Phone: (415) 262-3820
11
Fax:
labar@sawyerlabar.com
12
Michael C. Osborne, Esq.
13
Cokinos Young
One Embarcadero Center, Suite 390
14
San Francisco, CA 94111
Attorney for Defendant, Theta Chi Fraternity, Inc.
15
Phone: (315) 228-0208
Fax: (415) 653-1481
16
Mary Childs, Esq.
17
Yoka & Smith, LLP
445 South Figueroa Street, 38th Floor
18
Los Angeles, CA 90071
Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch
19
Phone: (213) 427-2300
Fax: (213) 427-2330
20
mchilds@yokasmith.com
21
Derek H. Lim, Esq.
Demler, Armstrong & Rowland LLP
22
1350 Treat Boulevard, Suite 400
Walnut Creek, CA 94597
23
Attorney for Defendants, Chris Guevara; Bradley Visacki
Phone: (415) 949-1900
24
Fax:
lim@darlaw.com
25
Matthew C. Jaime, Esq.
26
Metheny Sears Linkert & Jaime LLP
3638 American River Drive
27
Sacramento, CA 95864
Attorney for Defendant, Chris Guevara
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4
1 Phone: (916) 978-3434
Fax: (916) 978-3430
2 mjaime@mathenysears.com
3 Daniel R. Friedenthal, Esq.
Friedenthal, Heffernan & Brown, LLP
4 1520 W. Colorado Blvd., Second Floor
Pasadena, CA 91105
5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity
Phone: (626) 628-2800
6 Fax: (626) 628-2828
ccontreras@fhblawyers.com
7
Patrick Ball
8 Messner Reeves LLP - Los Angeles
610 Town Center Drive, Ste. 420
9 Costa Mesa, CA 92626
Attorney for Defendant, Moises Tenorio Garcia
10 Phone: (949) 612-9168
Fax: (949) 438-2304
11 pball@messner.com
12
13
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28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5
1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799
STRATMAN & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN
LIVING TRUST
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES:
13 DEPT: Not Assigned
Plaintiffs,
14 [PROPOSED] ORDER APPROVING GOOD
vs. FAITH SETTLEMENT (C.C.P. Section
15 877.6(a)(2))
THETA CHI FRATERNITY, INC., a New York
16 corporation, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternity, Inc. and Theta Iota Chapter of the
Theta Chi Fraternity; BRAD VISACKI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa Cruz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members of
Theta Chi Fraternity, Inc. and Theta Iota Chapter of
26 Theta Chi Fraternity,
27 Defendants.
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1
1
2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin
3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the
4 above-referenced action was filed and served in conformance with California Code of Civil Procedure §
5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code
6 section, and good cause appearing therefore,
7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for
8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee
9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne
10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a
11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of
12 California Code of Civil Procedure §§ 877 and 877.6.
13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the
14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from
15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or
16 partial or comparative indemnity, based upon comparative negligence or comparative fault.
17
18 DATED: ________________, 2022
JUDGE OF THE SUPERIOR COURT
19
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28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May
_____, 2022, I served the following document(s):
6
7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT
(C.C.P. Section 877.6(a)(2))
8 by placing the document(s) listed above in a sealed envelope, with prepaid postage
√ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as
9
set forth below, and placing the envelope for collection and mailing in the place
10 designated for such in our offices, following ordinary business practices.
11 I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt
Requested) in the ordinary course of business. I am aware that on motion of the party served, service is
13
presumed invalid if postal cancellation date or postage meter date is more than one day after date of
14 deposit for mailing in affidavit.
15 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
16
17
Executed on May ______, 2022, at San Jose, California.
18
19 TIMOTHY C. FEENEY
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
SERVICE LIST
3
Douglas E. Fierberg, Esq.
4
Fierberg National Law Group
161 East Front Street, Ste. 200
5
Traverse City, MI 49684
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
6
Phone: (202) 351-0510
Fax: (231) 252-8100
7
dfierberg@tfnlgroup.com
8
Ivo Labar, Esq.
Sawyer & Labar LLP
9
1700 Montgomery Street, Suite 108
San Francisco, CA 941111
10
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
Phone: (415) 262-3820
11
Fax:
labar@sawyerlabar.com
12
Michael C. Osborne, Esq.
13
Cokinos Young
One Embarcadero Center, Suite 390
14
San Francisco, CA 94111
Attorney for Defendant, Theta Chi Fraternity, Inc.
15
Phone: (315) 228-0208
Fax: (415) 653-1481
16
Mary Childs, Esq.
17
Yoka & Smith, LLP
445 South Figueroa Street, 38th Floor
18
Los Angeles, CA 90071
Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch
19
Phone: (213) 427-2300
Fax: (213) 427-2330
20
mchilds@yokasmith.com
21
Derek H. Lim, Esq.
Demler, Armstrong & Rowland LLP
22
1350 Treat Boulevard, Suite 400
Walnut Creek, CA 94597
23
Attorney for Defendants, Chris Guevara; Bradley Visacki
Phone: (415) 949-1900
24
Fax:
lim@darlaw.com
25
Matthew C. Jaime, Esq.
26
Metheny Sears Linkert & Jaime LLP
3638 American River Drive
27
Sacramento, CA 95864
Attorney for Defendant, Chris Guevara
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4
1 Phone: (916) 978-3434
Fax: (916) 978-3430
2 mjaime@mathenysears.com
3 Daniel R. Friedenthal, Esq.
Friedenthal, Heffernan & Brown, LLP
4 1520 W. Colorado Blvd., Second Floor
Pasadena, CA 91105
5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity
Phone: (626) 628-2800
6 Fax: (626) 628-2828
ccontreras@fhblawyers.com
7
Patrick Ball
8 Messner Reeves LLP - Los Angeles
610 Town Center Drive, Ste. 420
9 Costa Mesa, CA 92626
Attorney for Defendant, Moises Tenorio Garcia
10 Phone: (949) 612-9168
Fax: (949) 438-2304
11 pball@messner.com
12
13
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15
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28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5
1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799
STRATMAN & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN
LIVING TRUST
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES:
13 DEPT: Not Assigned
Plaintiffs,
14 [PROPOSED] ORDER APPROVING GOOD
vs. FAITH SETTLEMENT (C.C.P. Section
15 877.6(a)(2))
THETA CHI FRATERNITY, INC., a New York
16 corporation, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternity, Inc. and Theta Iota Chapter of the
Theta Chi Fraternity; BRAD VISACKI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa Cruz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members of
Theta Chi Fraternity, Inc. and Theta Iota Chapter of
26 Theta Chi Fraternity,
27 Defendants.
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1
1
2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin
3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the
4 above-referenced action was filed and served in conformance with California Code of Civil Procedure §
5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code
6 section, and good cause appearing therefore,
7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for
8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee
9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne
10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a
11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of
12 California Code of Civil Procedure §§ 877 and 877.6.
13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the
14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from
15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or
16 partial or comparative indemnity, based upon comparative negligence or comparative fault.
17
18 DATED: ________________, 2022
JUDGE OF THE SUPERIOR COURT
19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May
_____, 2022, I served the following document(s):
6
7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT
(C.C.P. Section 877.6(a)(2))
8 by placing the document(s) listed above in a sealed envelope, with prepaid postage
√ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as
9
set forth below, and placing the envelope for collection and mailing in the place
10 designated for such in our offices, following ordinary business practices.
11 I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt
Requested) in the ordinary course of business. I am aware that on motion of the party served, service is
13
presumed invalid if postal cancellation date or postage meter date is more than one day after date of
14 deposit for mailing in affidavit.
15 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
16
17
Executed on May ______, 2022, at San Jose, California.
18
19 TIMOTHY C. FEENEY
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3
1 Re: Beletsis v. Theta Chi Fraternity, et al.
Case Number: 19CV03287
2
SERVICE LIST
3
Douglas E. Fierberg, Esq.
4
Fierberg National Law Group
161 East Front Street, Ste. 200
5
Traverse City, MI 49684
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
6
Phone: (202) 351-0510
Fax: (231) 252-8100
7
dfierberg@tfnlgroup.com
8
Ivo Labar, Esq.
Sawyer & Labar LLP
9
1700 Montgomery Street, Suite 108
San Francisco, CA 941111
10
Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey
Phone: (415) 262-3820
11
Fax:
labar@sawyerlabar.com
12
Michael C. Osborne, Esq.
13
Cokinos Young
One Embarcadero Center, Suite 390
14
San Francisco, CA 94111
Attorney for Defendant, Theta Chi Fraternity, Inc.
15
Phone: (315) 228-0208
Fax: (415) 653-1481
16
Mary Childs, Esq.
17
Yoka & Smith, LLP
445 South Figueroa Street, 38th Floor
18
Los Angeles, CA 90071
Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch
19
Phone: (213) 427-2300
Fax: (213) 427-2330
20
mchilds@yokasmith.com
21
Derek H. Lim, Esq.
Demler, Armstrong & Rowland LLP
22
1350 Treat Boulevard, Suite 400
Walnut Creek, CA 94597
23
Attorney for Defendants, Chris Guevara; Bradley Visacki
Phone: (415) 949-1900
24
Fax:
lim@darlaw.com
25
Matthew C. Jaime, Esq.
26
Metheny Sears Linkert & Jaime LLP
3638 American River Drive
27
Sacramento, CA 95864
Attorney for Defendant, Chris Guevara
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4
1 Phone: (916) 978-3434
Fax: (916) 978-3430
2 mjaime@mathenysears.com
3 Daniel R. Friedenthal, Esq.
Friedenthal, Heffernan & Brown, LLP
4 1520 W. Colorado Blvd., Second Floor
Pasadena, CA 91105
5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity
Phone: (626) 628-2800
6 Fax: (626) 628-2828
ccontreras@fhblawyers.com
7
Patrick Ball
8 Messner Reeves LLP - Los Angeles
610 Town Center Drive, Ste. 420
9 Costa Mesa, CA 92626
Attorney for Defendant, Moises Tenorio Garcia
10 Phone: (949) 612-9168
Fax: (949) 438-2304
11 pball@messner.com
12
13
14
15
16
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19
20
21
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25
26
27
28
[PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5
1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799
STRATMAN & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN
LIVING TRUST
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287
Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION
12 BELETSIS, and YVONNE RAINEY, a surviving
parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES:
13 DEPT: Not Assigned
Plaintiffs,
14 [PROPOSED] ORDER APPROVING GOOD
vs. FAITH SETTLEMENT (C.C.P. Section
15 877.6(a)(2))
THETA CHI FRATERNITY, INC., a New York
16 corporation, individually, as a member of the t/a the
Theta Iota Chapter, University of California, Santa
17 Cruz, as a member of the fraternal order known as
Theta Chi Fraternity, and as an alter-ego and
18 successor entity of the Theta Iota Chapter of the
Theta Chi Fraternity; THETA IOTA CHAPTER OF
19 THETA CHI FRATERNITY, individually, and as
an and agent and alter-ego of the Theta Chi
20 Fraternity, Inc.; CHRISTOPHER GUEVARA,
individually, and as an agent/member of the Theta
21 Chi Fraternity, Inc. and Theta Iota Chapter of the
Theta Chi Fraternity; BRAD VISACKI, individual,
22 and/or as an agent/member of Theta Chi Fraternity,
Inc., and Theta Iota Chapter of Theta Chi
23 Fraternity; QUINN MCLAUGHLIN, individually
and as Trustee of the QUINN M. MCLAUGHLIN
24 LIVING TRUST, 117 Pasture Road., Santa Cruz,
CA, 95060, and JOHN DOES 1 through 25,
25 inclusive, individually, and as agents/members o
Preview
1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799 STRATMAN & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN LIVING TRUST 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES: 13 DEPT: Not Assigned Plaintiffs, 14 [PROPOSED] ORDER APPROVING GOOD vs. FAITH SETTLEMENT (C.C.P. Section 15 877.6(a)(2)) THETA CHI FRATERNITY, INC., a New York 16 corporation, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternity, Inc. and Theta Iota Chapter of the Theta Chi Fraternity; BRAD VISACKI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa Cruz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 26 Theta Chi Fraternity, 27 Defendants. 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1 1 2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin 3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the 4 above-referenced action was filed and served in conformance with California Code of Civil Procedure § 5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code 6 section, and good cause appearing therefore, 7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for 8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee 9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne 10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a 11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of 12 California Code of Civil Procedure §§ 877 and 877.6. 13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the 14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from 15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or 16 partial or comparative indemnity, based upon comparative negligence or comparative fault. 17 18 DATED: ________________, 2022 JUDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May _____, 2022, I served the following document(s): 6 7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT (C.C.P. Section 877.6(a)(2)) 8 by placing the document(s) listed above in a sealed envelope, with prepaid postage √ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as 9 set forth below, and placing the envelope for collection and mailing in the place 10 designated for such in our offices, following ordinary business practices. 11 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt Requested) in the ordinary course of business. I am aware that on motion of the party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more than one day after date of 14 deposit for mailing in affidavit. 15 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 16 17 Executed on May ______, 2022, at San Jose, California. 18 19 TIMOTHY C. FEENEY 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 SERVICE LIST 3 Douglas E. Fierberg, Esq. 4 Fierberg National Law Group 161 East Front Street, Ste. 200 5 Traverse City, MI 49684 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey 6 Phone: (202) 351-0510 Fax: (231) 252-8100 7 dfierberg@tfnlgroup.com 8 Ivo Labar, Esq. Sawyer & Labar LLP 9 1700 Montgomery Street, Suite 108 San Francisco, CA 941111 10 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey Phone: (415) 262-3820 11 Fax: labar@sawyerlabar.com 12 Michael C. Osborne, Esq. 13 Cokinos Young One Embarcadero Center, Suite 390 14 San Francisco, CA 94111 Attorney for Defendant, Theta Chi Fraternity, Inc. 15 Phone: (315) 228-0208 Fax: (415) 653-1481 16 Mary Childs, Esq. 17 Yoka & Smith, LLP 445 South Figueroa Street, 38th Floor 18 Los Angeles, CA 90071 Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch 19 Phone: (213) 427-2300 Fax: (213) 427-2330 20 mchilds@yokasmith.com 21 Derek H. Lim, Esq. Demler, Armstrong & Rowland LLP 22 1350 Treat Boulevard, Suite 400 Walnut Creek, CA 94597 23 Attorney for Defendants, Chris Guevara; Bradley Visacki Phone: (415) 949-1900 24 Fax: lim@darlaw.com 25 Matthew C. Jaime, Esq. 26 Metheny Sears Linkert & Jaime LLP 3638 American River Drive 27 Sacramento, CA 95864 Attorney for Defendant, Chris Guevara 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4 1 Phone: (916) 978-3434 Fax: (916) 978-3430 2 mjaime@mathenysears.com 3 Daniel R. Friedenthal, Esq. Friedenthal, Heffernan & Brown, LLP 4 1520 W. Colorado Blvd., Second Floor Pasadena, CA 91105 5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity Phone: (626) 628-2800 6 Fax: (626) 628-2828 ccontreras@fhblawyers.com 7 Patrick Ball 8 Messner Reeves LLP - Los Angeles 610 Town Center Drive, Ste. 420 9 Costa Mesa, CA 92626 Attorney for Defendant, Moises Tenorio Garcia 10 Phone: (949) 612-9168 Fax: (949) 438-2304 11 pball@messner.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5 1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799 STRATMAN & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN LIVING TRUST 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES: 13 DEPT: Not Assigned Plaintiffs, 14 [PROPOSED] ORDER APPROVING GOOD vs. FAITH SETTLEMENT (C.C.P. Section 15 877.6(a)(2)) THETA CHI FRATERNITY, INC., a New York 16 corporation, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternity, Inc. and Theta Iota Chapter of the Theta Chi Fraternity; BRAD VISACKI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa Cruz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 26 Theta Chi Fraternity, 27 Defendants. 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1 1 2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin 3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the 4 above-referenced action was filed and served in conformance with California Code of Civil Procedure § 5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code 6 section, and good cause appearing therefore, 7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for 8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee 9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne 10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a 11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of 12 California Code of Civil Procedure §§ 877 and 877.6. 13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the 14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from 15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or 16 partial or comparative indemnity, based upon comparative negligence or comparative fault. 17 18 DATED: ________________, 2022 JUDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May _____, 2022, I served the following document(s): 6 7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT (C.C.P. Section 877.6(a)(2)) 8 by placing the document(s) listed above in a sealed envelope, with prepaid postage √ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as 9 set forth below, and placing the envelope for collection and mailing in the place 10 designated for such in our offices, following ordinary business practices. 11 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt Requested) in the ordinary course of business. I am aware that on motion of the party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more than one day after date of 14 deposit for mailing in affidavit. 15 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 16 17 Executed on May ______, 2022, at San Jose, California. 18 19 TIMOTHY C. FEENEY 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 SERVICE LIST 3 Douglas E. Fierberg, Esq. 4 Fierberg National Law Group 161 East Front Street, Ste. 200 5 Traverse City, MI 49684 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey 6 Phone: (202) 351-0510 Fax: (231) 252-8100 7 dfierberg@tfnlgroup.com 8 Ivo Labar, Esq. Sawyer & Labar LLP 9 1700 Montgomery Street, Suite 108 San Francisco, CA 941111 10 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey Phone: (415) 262-3820 11 Fax: labar@sawyerlabar.com 12 Michael C. Osborne, Esq. 13 Cokinos Young One Embarcadero Center, Suite 390 14 San Francisco, CA 94111 Attorney for Defendant, Theta Chi Fraternity, Inc. 15 Phone: (315) 228-0208 Fax: (415) 653-1481 16 Mary Childs, Esq. 17 Yoka & Smith, LLP 445 South Figueroa Street, 38th Floor 18 Los Angeles, CA 90071 Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch 19 Phone: (213) 427-2300 Fax: (213) 427-2330 20 mchilds@yokasmith.com 21 Derek H. Lim, Esq. Demler, Armstrong & Rowland LLP 22 1350 Treat Boulevard, Suite 400 Walnut Creek, CA 94597 23 Attorney for Defendants, Chris Guevara; Bradley Visacki Phone: (415) 949-1900 24 Fax: lim@darlaw.com 25 Matthew C. Jaime, Esq. 26 Metheny Sears Linkert & Jaime LLP 3638 American River Drive 27 Sacramento, CA 95864 Attorney for Defendant, Chris Guevara 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4 1 Phone: (916) 978-3434 Fax: (916) 978-3430 2 mjaime@mathenysears.com 3 Daniel R. Friedenthal, Esq. Friedenthal, Heffernan & Brown, LLP 4 1520 W. Colorado Blvd., Second Floor Pasadena, CA 91105 5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity Phone: (626) 628-2800 6 Fax: (626) 628-2828 ccontreras@fhblawyers.com 7 Patrick Ball 8 Messner Reeves LLP - Los Angeles 610 Town Center Drive, Ste. 420 9 Costa Mesa, CA 92626 Attorney for Defendant, Moises Tenorio Garcia 10 Phone: (949) 612-9168 Fax: (949) 438-2304 11 pball@messner.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5 1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799 STRATMAN & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN LIVING TRUST 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES: 13 DEPT: Not Assigned Plaintiffs, 14 [PROPOSED] ORDER APPROVING GOOD vs. FAITH SETTLEMENT (C.C.P. Section 15 877.6(a)(2)) THETA CHI FRATERNITY, INC., a New York 16 corporation, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternity, Inc. and Theta Iota Chapter of the Theta Chi Fraternity; BRAD VISACKI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa Cruz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 26 Theta Chi Fraternity, 27 Defendants. 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1 1 2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin 3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the 4 above-referenced action was filed and served in conformance with California Code of Civil Procedure § 5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code 6 section, and good cause appearing therefore, 7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for 8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee 9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne 10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a 11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of 12 California Code of Civil Procedure §§ 877 and 877.6. 13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the 14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from 15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or 16 partial or comparative indemnity, based upon comparative negligence or comparative fault. 17 18 DATED: ________________, 2022 JUDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May _____, 2022, I served the following document(s): 6 7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT (C.C.P. Section 877.6(a)(2)) 8 by placing the document(s) listed above in a sealed envelope, with prepaid postage √ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as 9 set forth below, and placing the envelope for collection and mailing in the place 10 designated for such in our offices, following ordinary business practices. 11 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt Requested) in the ordinary course of business. I am aware that on motion of the party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more than one day after date of 14 deposit for mailing in affidavit. 15 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 16 17 Executed on May ______, 2022, at San Jose, California. 18 19 TIMOTHY C. FEENEY 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 SERVICE LIST 3 Douglas E. Fierberg, Esq. 4 Fierberg National Law Group 161 East Front Street, Ste. 200 5 Traverse City, MI 49684 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey 6 Phone: (202) 351-0510 Fax: (231) 252-8100 7 dfierberg@tfnlgroup.com 8 Ivo Labar, Esq. Sawyer & Labar LLP 9 1700 Montgomery Street, Suite 108 San Francisco, CA 941111 10 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey Phone: (415) 262-3820 11 Fax: labar@sawyerlabar.com 12 Michael C. Osborne, Esq. 13 Cokinos Young One Embarcadero Center, Suite 390 14 San Francisco, CA 94111 Attorney for Defendant, Theta Chi Fraternity, Inc. 15 Phone: (315) 228-0208 Fax: (415) 653-1481 16 Mary Childs, Esq. 17 Yoka & Smith, LLP 445 South Figueroa Street, 38th Floor 18 Los Angeles, CA 90071 Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch 19 Phone: (213) 427-2300 Fax: (213) 427-2330 20 mchilds@yokasmith.com 21 Derek H. Lim, Esq. Demler, Armstrong & Rowland LLP 22 1350 Treat Boulevard, Suite 400 Walnut Creek, CA 94597 23 Attorney for Defendants, Chris Guevara; Bradley Visacki Phone: (415) 949-1900 24 Fax: lim@darlaw.com 25 Matthew C. Jaime, Esq. 26 Metheny Sears Linkert & Jaime LLP 3638 American River Drive 27 Sacramento, CA 95864 Attorney for Defendant, Chris Guevara 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4 1 Phone: (916) 978-3434 Fax: (916) 978-3430 2 mjaime@mathenysears.com 3 Daniel R. Friedenthal, Esq. Friedenthal, Heffernan & Brown, LLP 4 1520 W. Colorado Blvd., Second Floor Pasadena, CA 91105 5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity Phone: (626) 628-2800 6 Fax: (626) 628-2828 ccontreras@fhblawyers.com 7 Patrick Ball 8 Messner Reeves LLP - Los Angeles 610 Town Center Drive, Ste. 420 9 Costa Mesa, CA 92626 Attorney for Defendant, Moises Tenorio Garcia 10 Phone: (949) 612-9168 Fax: (949) 438-2304 11 pball@messner.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5 1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799 STRATMAN & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN LIVING TRUST 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES: 13 DEPT: Not Assigned Plaintiffs, 14 [PROPOSED] ORDER APPROVING GOOD vs. FAITH SETTLEMENT (C.C.P. Section 15 877.6(a)(2)) THETA CHI FRATERNITY, INC., a New York 16 corporation, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternity, Inc. and Theta Iota Chapter of the Theta Chi Fraternity; BRAD VISACKI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa Cruz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members of Theta Chi Fraternity, Inc. and Theta Iota Chapter of 26 Theta Chi Fraternity, 27 Defendants. 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 1 1 2 The Application for Determination of Good Faith Settlement of Defendants, Quinn McLaughlin 3 individually and as Trustee of the Quinn M. McLaughlin Living Trust, relating to their settlement in the 4 above-referenced action was filed and served in conformance with California Code of Civil Procedure § 5 877.6(a)(2). The Court, having received no opposition within the time period set forth in said Code 6 section, and good cause appearing therefore, 7 IT IS HEREBY ORDERED, ADJUDGED and DECREED that the Application for 8 Determination of Good Faith Settlement by Defendants, Quinn McLaughlin individually and as Trustee 9 of the Quinn M. McLaughlin Living Trust, is granted and that their settlement with Plaintiffs, Daphne 10 Beletsis, individually, and as Administrator of the Estate of Alexander Beletsis, and Yvonne Rainey, a 11 surviving parent of Alexander Beletsis, deceased, is found to be in good faith within the meaning of 12 California Code of Civil Procedure §§ 877 and 877.6. 13 IT IS FURTHER ORDERED, ADJUDGED and DECREED that the determination by the 14 court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from 15 further claims against the settling tortfeasor or co-obligor for equitable comparative contribution or 16 partial or comparative indemnity, based upon comparative negligence or comparative fault. 17 18 DATED: ________________, 2022 JUDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 2 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is P.O. Box 258829, Oklahoma City, OK 73125-8829. On May _____, 2022, I served the following document(s): 6 7 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT (C.C.P. Section 877.6(a)(2)) 8 by placing the document(s) listed above in a sealed envelope, with prepaid postage √ affixed for CERTIFIED MAIL/RETURN RECEIPT REQUESTED, addressed as 9 set forth below, and placing the envelope for collection and mailing in the place 10 designated for such in our offices, following ordinary business practices. 11 I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 12 Postal Service on that same day with postage thereon fully prepaid (Certified Mail/Return Receipt Requested) in the ordinary course of business. I am aware that on motion of the party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more than one day after date of 14 deposit for mailing in affidavit. 15 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 16 17 Executed on May ______, 2022, at San Jose, California. 18 19 TIMOTHY C. FEENEY 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 3 1 Re: Beletsis v. Theta Chi Fraternity, et al. Case Number: 19CV03287 2 SERVICE LIST 3 Douglas E. Fierberg, Esq. 4 Fierberg National Law Group 161 East Front Street, Ste. 200 5 Traverse City, MI 49684 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey 6 Phone: (202) 351-0510 Fax: (231) 252-8100 7 dfierberg@tfnlgroup.com 8 Ivo Labar, Esq. Sawyer & Labar LLP 9 1700 Montgomery Street, Suite 108 San Francisco, CA 941111 10 Attorney for Plaintiffs, Daphne Beletsis and Yvonne Rainey Phone: (415) 262-3820 11 Fax: labar@sawyerlabar.com 12 Michael C. Osborne, Esq. 13 Cokinos Young One Embarcadero Center, Suite 390 14 San Francisco, CA 94111 Attorney for Defendant, Theta Chi Fraternity, Inc. 15 Phone: (315) 228-0208 Fax: (415) 653-1481 16 Mary Childs, Esq. 17 Yoka & Smith, LLP 445 South Figueroa Street, 38th Floor 18 Los Angeles, CA 90071 Attorney for Defendants, Emmanuel Thomas; Bobby Karki; John Dylan Lietch 19 Phone: (213) 427-2300 Fax: (213) 427-2330 20 mchilds@yokasmith.com 21 Derek H. Lim, Esq. Demler, Armstrong & Rowland LLP 22 1350 Treat Boulevard, Suite 400 Walnut Creek, CA 94597 23 Attorney for Defendants, Chris Guevara; Bradley Visacki Phone: (415) 949-1900 24 Fax: lim@darlaw.com 25 Matthew C. Jaime, Esq. 26 Metheny Sears Linkert & Jaime LLP 3638 American River Drive 27 Sacramento, CA 95864 Attorney for Defendant, Chris Guevara 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 4 1 Phone: (916) 978-3434 Fax: (916) 978-3430 2 mjaime@mathenysears.com 3 Daniel R. Friedenthal, Esq. Friedenthal, Heffernan & Brown, LLP 4 1520 W. Colorado Blvd., Second Floor Pasadena, CA 91105 5 Attorney for, Thet Iota Chapter of Theta Chi Fraternity Phone: (626) 628-2800 6 Fax: (626) 628-2828 ccontreras@fhblawyers.com 7 Patrick Ball 8 Messner Reeves LLP - Los Angeles 610 Town Center Drive, Ste. 420 9 Costa Mesa, CA 92626 Attorney for Defendant, Moises Tenorio Garcia 10 Phone: (949) 612-9168 Fax: (949) 438-2304 11 pball@messner.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER APPROVING GOOD FAITH SETTLEMENT - 5 1 JOHN D. HOURIHAN, ESQ. – State Bar No. 099799 STRATMAN & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: norcal.legal@farmersinsurance.com 4 Attorney for Defendant, 5 QUINN MCLAUGHLIN INDIVIDUALLY AND AS TRUSTEE OF THE QUINN M. MCLAUGHLIN LIVING TRUST 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, individually, and as Case No.: 19CV03287 Administrator of the Estate of ALEXANDER UNLIMITED JURISDICTION 12 BELETSIS, and YVONNE RAINEY, a surviving parent of ALEXANDER BELETSIS, deceased, ASSIGNED TO FOR ALL PURPOSES: 13 DEPT: Not Assigned Plaintiffs, 14 [PROPOSED] ORDER APPROVING GOOD vs. FAITH SETTLEMENT (C.C.P. Section 15 877.6(a)(2)) THETA CHI FRATERNITY, INC., a New York 16 corporation, individually, as a member of the t/a the Theta Iota Chapter, University of California, Santa 17 Cruz, as a member of the fraternal order known as Theta Chi Fraternity, and as an alter-ego and 18 successor entity of the Theta Iota Chapter of the Theta Chi Fraternity; THETA IOTA CHAPTER OF 19 THETA CHI FRATERNITY, individually, and as an and agent and alter-ego of the Theta Chi 20 Fraternity, Inc.; CHRISTOPHER GUEVARA, individually, and as an agent/member of the Theta 21 Chi Fraternity, Inc. and Theta Iota Chapter of the Theta Chi Fraternity; BRAD VISACKI, individual, 22 and/or as an agent/member of Theta Chi Fraternity, Inc., and Theta Iota Chapter of Theta Chi 23 Fraternity; QUINN MCLAUGHLIN, individually and as Trustee of the QUINN M. MCLAUGHLIN 24 LIVING TRUST, 117 Pasture Road., Santa Cruz, CA, 95060, and JOHN DOES 1 through 25, 25 inclusive, individually, and as agents/members o